United States Sixth Circuit - Opinion Summaries

WHITE v. BURLINGTON N. & SANTA FE RY. CO.

Civil Rights, Labor & Employment Law
Neither 1) defendant's transfer of plaintiff to a different duty within the same job classification and with the same salary, title and seniority, nor...

US v. MCLEVAIN

Criminal Law & Procedure, Evidence
Under the "plain view" doctrine, evidence at issue (a twist tie, a cigarette filter, a spoon with residue, and a bottle) should have been suppressed...

GREENE v. BARBER

Civil Rights, Criminal Law & Procedure
In claims that police officers arrested plaintiff without probable cause and in retaliation for his having insulted one of the officers, the officer...

VERIZON NORTH, INC. v. STRAND

Communications Law, Public Utilities
In an incumbent local telecommunications carrier's challenge to a Michigan Public Service Commission order, a tariff requirement was inconsistent with...

US v. WOLFE

Criminal Law & Procedure, Sentencing
After pleas of guilty to a series of bank robberies, upward sentence departure under U.S.S.G. section 3D1.4 was not an abuse of discretion, and the...

US v. CAMPBELL

Criminal Law & Procedure, Sentencing
Imposition of a consecutive sentence for possession of stolen mail was proper where 1) the district court was aware that it had discretion to impose...

ESPARZA v. MITCHELL

Criminal Law & Procedure, Habeas Corpus
A habeas writ was correctly issued where the state violated the Eighth Amendment and Ohio law in failing to either charge defendant in the indictment...

UNITED NAT'L INS. CO. v. SST FITNESS CORP.

Contracts, Insurance Law
Because an insured entered into an implied in fact contract by accepting defense costs subject to a reservation of the right to recoupment if a court...

US v. GAWTHROP

Criminal Law & Procedure, Sentencing
A sentence enhancement under U.S.S.G. section 3A1.1(b)(1) was proper, where a familial relationship rendered defendant's granddaughter particularly...

CONTSHIP CONTAINERLINES, INC. v. HOWARD INDUS., INC.

Contracts
The undisputed facts viewed most favorably to defendant are sufficient to establish the necessary elements of a quasi-contract, in an action based on...